Through the Agency's investigation, it was discovered that some of the material in the lagoon discharged into state waters. A discharge of manure to a small stream adjacent to the facility property also occurred. Finally, overflows of composting raw materials were seen flowing through a nearby wetland toward a small stream because the sod filter and the drainage swales had not been constructed and vegetated as depicted on the approved site plan.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Sean McVeigh. After the investigation was completed, Vermont Compost Company, Inc. and Fairmont Farm, Inc. were notified of the violations and agreed to settle the matter.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court on March 29, 2005. In it, Vermont Compost Company, Inc. and Fairmont Farm, Inc. agreed to abide by the conditions of their Categorical Composting Facility Certification. It was also agreed that a $7,000 supplemental environmental project will be funded.

Involved Program: Water Quality and Waste Management Divisions of the Department of Environmental Conservation